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Contempt of Court - Bargain Busting Ltd v Shenzhen SKE Technology

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Tipstaff By Simon Speed - Originally uploaded through the Britain Loves Wikipedia website. Public Domain,  h ttps://commons.wikimedia.org/w/index.php?curid=10585201   Jane Lambert Chancery Division (HH Judge Paul Matthews)  Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd and others [2026] EWHC 933 (Ch) (23 April 2026) These were applications by Shenzgen SKE Technology Limited ("SST") and their trade mark attorneys to strike out an application by Bargain Busting Ltd. ("BBL") to commit them to prison for contempt of court.  There was also a cross-application from BBL to add another of SST's trade mark attorneys as an additional respondent to the contempt proceedings. Alleged Contempt The alleged contempt was "Criminal contempt (intentional interference with the administration of justice) by seeking to prevent or delay the registration of a trademark as directed by the High Court." BBL had applied to register CRYSTAL BAR as a UK trade mark.  SST opp...

The Appeal in Acer v Nokia

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but did  Acer Building Nokia’s Head Office Author Solomon203 Licence CC BY-SA 3.0 Source Wikimedia Commons Author pikkuanna Licence CC BY-SA 2.0 Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Jackson, Arnold and Zacaroli)  Acer Inc and Another v Nokia Technologies OY [2026] EWCA Civ 564 (12 May 2026) This was an appeal by Nokia Technologies OY ("Nokia") against the order of Mr Justice Mellor in  Acer Inc. and others v Nokia Technologies OY [2025] EWHC 3331 (Pat) of 18 Dec 2025 rejecting Nokia's challenge to the jurisdiction of the English courts, refusing a stay on case management grounds and granting some interim licence declarations that had been sought by Acer Inc. and Acer UK Limited ("Acer") and Asustek Computer Inc. and Asus Global Pte Ltd. ("Asus"). The Parties Nokia owned or had rights to license a portfolio of patents with claims that have been declared essential to the International Telecommunication Union Telecommu...

The Appeal in Bargain Busting Ltd v Shenzhen

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Jane Lambert Court of Appeal (Lord Justice Arnold, Lady Justice Elizabeth Laing and Lord Justice Warby) Bargain Busting Ltd v Shenzhen SKE Technology Co. Ltd [2026] EWCA Civ 532 (8 May 2026) This was an appeal by Bargain Busting Ltd ("BBL") against an interim injunction restraining threats of trade mark infringement proceedings granted by Mr Justice Miles (as he then was) on 27 May 2025 on the application of Shenzhen SKE Technology Co Ltd ("SKE") for the reasons he gave in  Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd and others [2025] EWHC 1239 (Ch) (21 May 2025).  I discussed that judgment in  Threats Actions - Bargain Busting v Shenzhen Technology   on 29 May 2925. Background The claimant, BBL was the registered proprietor of UK trade marks UK00003235344  ("344") and UK00003534551  ("551"), which the defendant, SKE, challenged on the grounds of non-use and invalidity. BBL also applied to register CRYSTAL BAR as a trade mark under ...

Damages for Passing-off - Duadata Ltd v Tian Cha Le Ltd

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Tapioca Pearls Author Lars Plougmann   Licence CC BY-SA 2.0   Source Wikimedia   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Duadata Ltd v Tian Cha Le Ltd . [2026] EWHC 1055 (IPEC) (8 May 2026) This was an inquiry as to damages for passing off.   The claimant operated a nationwide chain of bubble tea  shops and franchises under the Mooboo brand. Bubble tea is a beverage that contains small chewy tapioca balls and various flavourings of different kinds.  A company owned and operated by one Qin Lin held a Mooboo franchise for Gateshead between 8 April 2021 and 23 Jan 2024.  On 22 Aug 2023, Ms Lin incorporated the defendant which began to operate a bubble tea outlet in Gateshead adopting a similar menu design, products, drinks, recipes and prices to the claimant's.  The claimant sued the defendant for passing off on 24 May 2024. The Order The defendant did not defend the claim and the claimant obtained a default ...

Software Development Agreements

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Fibre Optic Cables Author BigRiz   Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert The key to a successful software development contract is a comprehensive and accurate technical specification that is agreed upon and understood by both the customer and the supplier.  It is important not to confuse a technical specification with a functional specification.   The functional specification will set out the functions and facilities that the software should have, but not state how it is to be developed.   Those details will be contained in the technical specification.    The customer should satisfy himself or herself that the technical specification implements the functional specification.   If he or she lacks the skill and knowledge to do that, he or she may wish to appoint a consultant to help. Acceptance Tests As the bargain is that the supplier will deliver the specified software in return for a fee, a clause setting out the ac...

The Appeal - Lish v The Northern Block

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Cyrillic Script Monument in Antarctica Author Inoceramid Bivalves   Licence CC BY-SA 4.0   Wikimedia Comm ons Jane Lambert Court of Appeal (Lords Justices Moylan, Coulson and Arnold)   Lish v The Northern Block Ltd and another [2026] EWCA Civ 497 (27 April 2026) This was an appeal by the claimant, Mariya Vasiliyevna Lish, against the order of David Stone on 22 Aug 2025 in which he struck out two of her claims as an abuse of process of the court for the reasons given in his judgment (see  Lish v The Northern Block Ltd and Another [2025] EWHC 2172 (Ch) 23 Aug 2025).   I discussed that judgment in  Copyright - Lish v The Northern Block Ltd.   on 30 Aug 2025. Background The   first   defendant, The Northern Block ("TNB"), was a type foundry which supplied typefaces or fonts in various alphabets to graphic designers, printers, manufacturers and others.  It was founded by the second defendant, Jonathan Hill. Mrs Lish was a typeface des...